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North Carolina House Bill H591

North Carolina 2025-2026 Regular Session

North Carolina House Bill H591 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 1
4-HOUSE BILL 591
3+H D
4+HOUSE BILL DRH10280-MG-117
5+
56
67
78 Short Title: Elec. Monitoring in Nursing/Adult Care Homes. (Public)
8-Sponsors: Representatives Willis, Loftis, and Brody (Primary Sponsors).
9-For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10-Referred to: Health, if favorable, Judiciary 2, if favorable, Rules, Calendar, and Operations of
11-the House
12-April 1, 2025
13-*H591 -v-1*
9+Sponsors: Representative Willis.
10+Referred to:
11+
12+*DRH10280 -MG-117*
1413 A BILL TO BE ENTITLED 1
1514 AN ACT ENACTING THE G.U.A.R.D. (GUARANTEEING UNINTERRUPTED ACCESS 2
1615 TO RESIDENT DIGNITY) ACT TO PERMIT RESIDENTS OF NURSING HOMES AND 3
1716 ADULT CARE HOMES, AND THEIR FAMILIES, TO MONITOR RESIDENTS 4
1817 THROUGH THE USE OF ELECTRONIC MONITORING DEVICES AT THE EXPENSE 5
1918 OF THE RESIDENTS; TO REQUIRE NURSING HOMES AND ADULT CARE HOMES 6
2019 TO PROVIDE A POWER SOURCE AND MOUNTING SPACE FOR ELECTRONIC 7
2120 MONITORING DEVICES; TO PROHIBIT NURSING HOMES AND ADULT CARE 8
2221 HOMES FROM REFUSING TO ADMIT RESIDENTS BECAUSE OF A REQUEST TO 9
2322 INSTALL AN ELECTRONIC MONITORING DEVICE; TO ALLOW RECORDINGS 10
2423 FROM RESIDENTS' ELECTRONIC MONITORING DEVICES TO BE ADMISSIBLE IN 11
2524 CRIMINAL AND CIVIL ACTIONS, SUBJECT TO THE RULES OF EVIDENCE; AND 12
2625 TO IMPOSE CRIMINAL PENALTIES ON NURSING HOMES AND ADULT CARE 13
2726 HOMES FOR VIOLATIONS OF THE G.U.A.R.D. ACT. 14
2827 The General Assembly of North Carolina enacts: 15
2928 SECTION 1. This act shall be known as "The G.U.A.R.D. Act" or "The 16
3029 Guaranteeing Uninterrupted Access to Resident Dignity Act." 17
3130 SECTION 2. Part 1 of Article 6 of Chapter 131E of the General Statutes is amended 18
3231 by adding a new section to read: 19
3332 "§ 131E-112.10. Electronic monitoring of nursing home and combination home residents. 20
3433 (a) The following definitions apply in this section: 21
3534 (1) Electronic monitoring device. – Any technology capable of capturing and 22
3635 storing audio or video data, or both, including a video surveillance camera, an 23
3736 audio device, a mobile telephone, or an internet video surveillance device. 24
3837 (2) Resident. – A person residing in a nursing home or combination home, or that 25
3938 person's responsible party or legal representative. 26
4039 (b) A nursing home or combination home shall permit a resident to monitor the resident's 27
4140 room through the use of an electronic monitoring device. The nursing home or combination home 28
4241 shall require a resident who exercises this option to post a notice in a conspicuous location on the 29
4342 door of the resident's room stating that the room is being monitored by an electronic monitoring 30
4443 device. 31
4544 (c) All of the following apply to monitoring conducted by a resident under this section: 32
46-(1) Electronic monitoring is noncompulsory and at the election of the resident. 33 General Assembly Of North Carolina Session 2025
47-Page 2 House Bill 591-First Edition
48-(2) The resident is responsible for all costs associated with the installation, 1
49-maintenance, and removal of the electronic monitoring device. 2
50-(3) To the greatest extent possible, the resident shall protect the privacy rights of 3
51-other residents and visitors of the nursing home or combination home. 4
52-(d) In complying with this section, all of the following apply to nursing homes and 5
53-combination homes: 6
54-(1) Shall not refuse to admit an individual as a resident of the nursing home or 7
55-combination home, nor discharge a resident from a nursing home or 8
56-combination home, due to a request to install an electronic monitoring device 9
57-in the resident's room. 10
58-(2) Shall make reasonable physical accommodations for a resident's electronic 11
59-monitoring device by providing access to power sources, access to the internet 12
60-if readily available, and a reasonably secure place to mount the electronic 13
61-monitoring device. 14
62-(3) Shall inform a resident or prospective resident of the resident's right to install 15
63-or arrange for the installation of an electronic monitoring device. 16
64-(4) May require a resident who requests to install an electronic monitoring device 17
65-to make the request in writing. 18
66-(5) Shall not include in any contract between a resident and the nursing home or 19
67-combination home a provision that purports to waive or modify the resident's 20
68-rights under this section. 21
69-(e) A recording created through the use of a resident's electronic monitoring device in 22
70-either a civil or criminal action brought in a North Carolina court of competent jurisdiction is 23
71-admissible, subject to Chapter 8C of the General Statutes. 24
72-(f) A person who operates a nursing home or combination home in violation of this 25
73-section is guilty of a Class A1 misdemeanor and upon conviction is subject to a fine not exceeding 26
74-two thousand dollars ($2,000) or imprisonment not exceeding one year, or both. 27
75-(g) A person who willfully and without the consent of a resident hampers, obstructs, 28
76-tampers with, or destroys an electronic monitoring device shall be guilty of a Class A1 29
77-misdemeanor and upon conviction is subject to a fine not exceeding two thousand dollars 30
78-($2,000) or imprisonment not exceeding 90 days, or both." 31
79-SECTION 3. G.S. 131E-117 is amended by adding a new subdivision to read: 32
80-"(17) To install or have installed at the resident's own expense an electronic 33
81-monitoring device in the resident's room pursuant to G.S. 131E-112.10 for the 34
82-purpose of ensuring the resident's health and safety." 35
83-SECTION 4. Article 1 of Chapter 131D of the General Statutes is amended by 36
84-adding a new section to read: 37
85-"§ 131D-7.10. Electronic monitoring of adult care home residents. 38
86-(a) The following definitions apply in this section: 39
87-(1) Electronic monitoring device. – Any technology capable of capturing and 40
88-storing audio or video data, or both, including a video surveillance camera, an 41
89-audio device, a mobile telephone, or an internet video surveillance device. 42
90-(2) Resident. – A person residing in an adult care home or the person's responsible 43
91-party or legal representative. 44
92-(b) An adult care home shall permit a resident to monitor the resident's room through the 45
93-use of an electronic monitoring device. The adult care home shall require a resident who exercises 46
94-this option to post a notice in a conspicuous location on the door of the resident's room stating 47
95-that the room is being monitored by an electronic monitoring device. 48
96-(c) All of the following apply to monitoring conducted by a resident under this section: 49
97-(1) Electronic monitoring is noncompulsory and at the election of the resident. 50 General Assembly Of North Carolina Session 2025
98-House Bill 591-First Edition Page 3
99-(2) The resident is responsible for all costs associated with the installation, 1
100-maintenance, and removal of the electronic monitoring device. 2
101-(3) To the greatest extent possible, the resident shall protect the privacy rights of 3
102-other residents and visitors of the adult care home. 4
103-(d) In complying with this section, all of the following apply to adult care homes: 5
104-(1) Shall not refuse to admit an individual as a resident of an adult care home, nor 6
105-discharge a resident from an adult care home, due to a request to install an 7
106-electronic monitoring device in the resident's room. 8
45+(1) Electronic monitoring is noncompulsory and at the election of the resident. 33
46+(2) The resident is responsible for all costs associated with the installation, 34
47+maintenance, and removal of the electronic monitoring device. 35
48+H.B. 591
49+Mar 31, 2025
50+HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
51+Page 2 DRH10280-MG-117
52+(3) To the greatest extent possible, the resident shall protect the privacy rights of 1
53+other residents and visitors of the nursing home or combination home. 2
54+(d) In complying with this section, all of the following apply to nursing homes and 3
55+combination homes: 4
56+(1) Shall not refuse to admit an individual as a resident of the nursing home or 5
57+combination home, nor discharge a resident from a nursing home or 6
58+combination home, due to a request to install an electronic monitoring device 7
59+in the resident's room. 8
10760 (2) Shall make reasonable physical accommodations for a resident's electronic 9
10861 monitoring device by providing access to power sources, access to the internet 10
10962 if readily available, and a reasonably secure place to mount the electronic 11
11063 monitoring device. 12
11164 (3) Shall inform a resident or prospective resident of the resident's right to install 13
11265 or arrange for the installation of an electronic monitoring device. 14
11366 (4) May require a resident who requests to install an electronic monitoring device 15
11467 to make the request in writing. 16
115-(5) Shall not include in any contract between a resident and the adult care home 17
116-a provision that purports to waive or modify the resident's rights under this 18
117-section. 19
68+(5) Shall not include in any contract between a resident and the nursing home or 17
69+combination home a provision that purports to waive or modify the resident's 18
70+rights under this section. 19
11871 (e) A recording created through the use of a resident's electronic monitoring device in 20
11972 either a civil or criminal action brought in a North Carolina court of competent jurisdiction is 21
12073 admissible, subject to Chapter 8C of the General Statutes. 22
121-(f) A person who operates an adult care home in violation of this section is guilty of a 23
122-Class A1 misdemeanor and upon conviction is subject to a fine not exceeding two thousand 24
123-dollars ($2,000) or imprisonment not exceeding one year, or both. 25
74+(f) A person who operates a nursing home or combination home in violation of this 23
75+section is guilty of a Class A1 misdemeanor and upon conviction is subject to a fine not exceeding 24
76+two thousand dollars ($2,000) or imprisonment not exceeding one year, or both. 25
12477 (g) A person who willfully and without the consent of a resident hampers, obstructs, 26
12578 tampers with, or destroys an electronic monitoring device shall be guilty of a Class A1 27
12679 misdemeanor and upon conviction is subject to a fine not exceeding two thousand dollars 28
12780 ($2,000) or imprisonment not exceeding 90 days, or both." 29
128-SECTION 5. G.S. 131D-21 is amended by adding a new subdivision to read: 30
129-"(18) To install or have installed at the resident's own expense an electronic 31
130-monitoring device in the resident's room pursuant to G.S. 131D-7.10 for the 32
81+SECTION 3. G.S. 131E-117 is amended by adding a new subdivision to read: 30
82+"(17) To install or have installed at the resident's own expense an electronic 31
83+monitoring device in the resident's room pursuant to G.S. 131E-112.10 for the 32
13184 purpose of ensuring the resident's health and safety." 33
132-SECTION 6. This act becomes effective October 1, 2025. 34
85+SECTION 4. Article 1 of Chapter 131D of the General Statutes is amended by 34
86+adding a new section to read: 35
87+"§ 131D-7.10. Electronic monitoring of adult care home residents. 36
88+(a) The following definitions apply in this section: 37
89+(1) Electronic monitoring device. – Any technology capable of capturing and 38
90+storing audio or video data, or both, including a video surveillance camera, an 39
91+audio device, a mobile telephone, or an internet video surveillance device. 40
92+(2) Resident. – A person residing in an adult care home or the person's responsible 41
93+party or legal representative. 42
94+(b) An adult care home shall permit a resident to monitor the resident's room through the 43
95+use of an electronic monitoring device. The adult care home shall require a resident who exercises 44
96+this option to post a notice in a conspicuous location on the door of the resident's room stating 45
97+that the room is being monitored by an electronic monitoring device. 46
98+(c) All of the following apply to monitoring conducted by a resident under this section: 47
99+(1) Electronic monitoring is noncompulsory and at the election of the resident. 48
100+(2) The resident is responsible for all costs associated with the installation, 49
101+maintenance, and removal of the electronic monitoring device. 50 General Assembly Of North Carolina Session 2025
102+DRH10280-MG-117 Page 3
103+(3) To the greatest extent possible, the resident shall protect the privacy rights of 1
104+other residents and visitors of the adult care home. 2
105+(d) In complying with this section, all of the following apply to adult care homes: 3
106+(1) Shall not refuse to admit an individual as a resident of an adult care home, nor 4
107+discharge a resident from an adult care home, due to a request to install an 5
108+electronic monitoring device in the resident's room. 6
109+(2) Shall make reasonable physical accommodations for a resident's electronic 7
110+monitoring device by providing access to power sources, access to the internet 8
111+if readily available, and a reasonably secure place to mount the electronic 9
112+monitoring device. 10
113+(3) Shall inform a resident or prospective resident of the resident's right to install 11
114+or arrange for the installation of an electronic monitoring device. 12
115+(4) May require a resident who requests to install an electronic monitoring device 13
116+to make the request in writing. 14
117+(5) Shall not include in any contract between a resident and the adult care home 15
118+a provision that purports to waive or modify the resident's rights under this 16
119+section. 17
120+(e) A recording created through the use of a resident's electronic monitoring device in 18
121+either a civil or criminal action brought in a North Carolina court of competent jurisdiction is 19
122+admissible, subject to Chapter 8C of the General Statutes. 20
123+(f) A person who operates an adult care home in violation of this section is guilty of a 21
124+Class A1 misdemeanor and upon conviction is subject to a fine not exceeding two thousand 22
125+dollars ($2,000) or imprisonment not exceeding one year, or both. 23
126+(g) A person who willfully and without the consent of a resident hampers, obstructs, 24
127+tampers with, or destroys an electronic monitoring device shall be guilty of a Class A1 25
128+misdemeanor and upon conviction is subject to a fine not exceeding two thousand dollars 26
129+($2,000) or imprisonment not exceeding 90 days, or both." 27
130+SECTION 5. G.S. 131D-21 is amended by adding a new subdivision to read: 28
131+"(18) To install or have installed at the resident's own expense an electronic 29
132+monitoring device in the resident's room pursuant to G.S. 131D-7.10 for the 30
133+purpose of ensuring the resident's health and safety." 31
134+SECTION 6. This act becomes effective October 1, 2025. 32